 | 1855 - 800 σελίδες
...without any default in himself, and has no remedy, even, then the law will excuse him; but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by inevitable necessity, because he might have provided against... | |
 | Conway Robinson - 1855 - 884 σελίδες
...if he is disabled from performing it without any fault of his own. Yet when by his own contract he creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity ; because he might have provided against it by... | |
 | William Hughes - 1855 - 878 σελίδες
...Blackbnrn, 3 •es. 3S); or even through the act of a mere stranger (Green v. Bales, 1 Ga. & v. 46s) ; for when a party by his own contract creates a duty or charge No. II. 7- ALSO not to assign or underlet the said messuage and pnA e~em«i(/«r mises, or any part... | |
 | United States. Court of Claims - 1856 - 656 σελίδες
...it without any default in him, and hath no remedy over, there the law will excuse him ; but when the party, by his own contract, creates a duty or charge...he might have provided against it by his contract. It that case, which was an action of debt for rent, the defendant pleaded that a certain German prince,... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 σελίδες
...non-performance. In that case, the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a party by his own contract creates a duty or charge...necessity, because he might have provided against it by the contract' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the case... | |
 | Joseph Story - 1856 - 728 σελίδες
...case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge...notwithstanding any accident by inevitable necessity ; i Dig. Lib. 4, tit. 9, 1. 5, § 1 ; Pothier, Pand. Lib. 4, tit. 9, n. 8 ; Post, § 37. u .Jones on... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 σελίδες
...perform it without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Georgia. Supreme Court - 1856 - 736 σελίδες
...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | United States. Congress. Senate - 1856 - 594 σελίδες
...it without any default in him, and hath no remedy over, there the law will excuse him. But when the? party, by his own contract, creates a duty or charge upon himself, he is'bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 σελίδες
...the justices, that they should not proceed in a cessavit, upon a cesser during the war. But, when the party, by his own contract, creates a duty or charge...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning, or thrown... | |
| |
... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
